July 28, 1999

 

MEMORANDUM 99-23

 

To:                   Deans of Member Schools and AALS House of Representatives

 

From:               Harry G. Prince

 

Subject:            Proposed Amendment of Bylaws on Sanctions -- Section 5-3 and Article 7

 

            Over the past year the Executive Committee has performed a careful study of the Association’s bylaw provisions concerning sanctions.  While sanctions have been imposed only rarely in the history of the Association, and not for many years, there may be circumstances where the imposition of a sanction would be warranted because of a school’s material failure to meet the standards of membership.  Sanctions were used in earlier decades as a response to racial discrimination in the admissions process and infringement upon the academic freedom of law faculty.  Sanctions may also be used when a school is unable to provide students with an appropriate educational program because of grossly inadequate financial resources.

 

            The Executive Committee has consistently used consultation with member schools as the preferred and almost exclusive means of resolving issues of noncompliance with membership requirements.  If an unusual circumstance should arise in which consultation proved unavailing, the Association’s bylaws should contain viable sanction provisions.  The relevant bylaws currently include a potential inconsistency concerning authority to impose sanctions and were drafted in a manner that renders them not reasonably adaptable to varied situations.  The Executive Committee has concluded that a correction of these provisions is imperative to put in place a workable sanction mechanism and to make it clear that the Executive Committee cannot impose any sanction without the possibility for review by the House of Representatives.

 

            At its May 1999 meeting, the Executive Committee unanimously approved a proposal to amend the sanction provisions found in Bylaw Section 5-3 and Article 7.  The proposed amendments are intended to simplify the bylaws and to correct the longstanding drafting flaws.  The current bylaws and proposed

revisions are attached.  The Executive Committee invites comment by Deans and members of the House of Representatives.  Comments should be received at the AALS office no later than October 1, 1999.  The Executive Committee will review those comments before submitting its proposed bylaw amendments to the House of Representatives for consideration at the January 2000 Annual Meeting.

 

 

Enclosures:       Current Sanction Provisions

                        Proposed Amendment to Sanction Provisions

 

cc:        Executive Committee

            Membership Review Committee

            Fee-paid schools

 

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F:\WPDATA\WP\DEANSMEM\99files\99-23.doc

 

PROPOSED AMENDMENT TO SANCTION PROVISIONS

OF ASSOCIATION BYLAWS:  SECTION 5-3 AND ARTICLE 7

 

Section 5-3. Powers and Duties. The Executive Committee shall   ...

 

c.  Impose or recommend sanctions upon member schools in accordance with Article 7.

 

d. [deleted]

 

Section 7-1.     Applicable Sanctions.

 

a.         Prior to imposing or recommending a sanction, the Executive Committee shall, to the extent feasible, provide a member school with reasonable opportunity to correct noncompliance with the requirements of membership.  In the event of a material failure to comply with the requirements of membership, a member school may be censured, placed on probation, suspended, or excluded from membership.  Except in extraordinary circumstances, no school shall be suspended or excluded from membership unless it has been previously placed on probation.

 

b.         Censure shall not result in a loss of the privileges of membership.  Probation shall result in the loss of particular privileges of membership only if imposed by the Executive Committee and, if appealed, approved by the House of Representatives.  Suspension shall result in a loss of the privileges of membership unless the Executive Committee recommends and the House of Representatives approves continuation of particular privileges.  Exclusion shall result in the loss of all privileges of membership.

 

c.         The imposition of any sanction shall be published in relevant publications of the Association.

 

Section 7-2.  Action by the Executive Committee.

 

a.        If the Executive Committee finds that a member school has materially failed to comply with the requirements of membership, it shall inform the dean and the chief executive officer of the institution of the deficiency and censure the member school or its parent institution or both, place the school on probation, or recommend to the House of Representatives that it take action to censure, place on probation, suspend or exclude.

 

b.        A member school may appeal to the House of Representatives for review of a sanction imposed  by the Executive Committee by filing a written notice of appeal with the Executive Director within twenty days after notice is given of the initial decision by the Executive Committee to censure the member school or its parent institution or both or to place the school on probation.  If the school appeals, the effect of the Executive Committee’s action shall be stayed until the House of Representatives acts on the appeal.  The procedures for the appeal shall be those specified by regulations adopted by the Executive Committee.  The President shall take the steps necessary to assure the orderly and fair consideration of the appeal by the House.  Representatives of the school are entitled to the privileges of the floor during the consideration of its appeal by the House.

 

Section 7-3.  Action by the House of Representatives.  If the Executive Committee recommends that the House of Representatives take action with respect to a member school, the Executive Committee shall give the member school written notice of its recommendation at least one month before the House of Representatives meets to consider the recommendation. The House may not act with respect to a school’s membership without first obtaining a recommendation from the Executive Committee.  Representatives of the school are entitled to the privileges of the floor during the House’s consideration of a recommendation for action.

 

Section 7-4.  Duration of Sanctions; Reinstatement.

 

a.  If the Executive Committee or the House of Representatives finds that a  member school is in compliance with the requirements of membership, it shall remove the school from probation or suspension and restore the school to full membership.

 

b.  A school may remain on probation for no more than two years, unless the Executive Committee,  for good cause shown, extends the probation.  If the Executive Committee finds that a member school that is on probation is not taking steps sufficient to bring it into compliance with the requirements of membership in a reasonable time, it shall recommend that the House suspend or exclude the school, whichever is appropriate.  After two years, probation shall expire if the Executive Committee has not removed or extended probation or recommended to the House that it suspend or exclude the school. 

 

c.  The same procedures specified in Bylaw 7-2(b) shall apply to an appeal by a school from a decision by the Executive Committee not to remove the school from probation.  If the House finds upon hearing such an appeal that the school is currently in compliance with the requirements of membership, then it shall remove the school from probation.

 

d.  If a school whose membership is suspended is not restored to full membership at or before the second Annual Meeting after having been suspended, it is excluded from membership in the Association at the end of that Annual Meeting without further action by the House. For good cause shown, the Executive Committee may extend suspension for one year.

 

e.  A school that has been excluded from membership may regain its membership by making an application for membership as any other nonmember school and by meeting the requirements therefor.

CURRENT  SANCTION PROVISIONS

OF ASSOCIATION BYLAWS:  SECTION 5-3 AND ARTICLE 7

 

 

Section 5-3. Powers and Duties. The Executive Committee shall:

 

. . .

 

c.        Have power to reprimand, censure or suspend member schools.

 

d.        Give thirty-day censure, suspension or exclusion notice to members charged with failure to fulfill the obligations of membership in the Association.

 

. . .

 

ARTICLE 7. SANCTIONS

 

Section 7-1. Applicable Sanctions. If a member school has materially failed to meet the requirements of membership but is currently in compliance, it shall be censured. If a member school is materially failing to meet the requirements of membership but is taking steps that will bring it in compliance in a reasonable time, it shall be placed on probation. If a member school is materially failing to meet the requirements of membership, is taking steps that will bring it in compliance but these steps may not be completed in a reasonable time, it shall be suspended. If a member school is materially failing to meet the requirements of membership and is taking no steps designed to bring it in compliance in a reasonable time or it lacks the capacity to do so, it shall be excluded from membership.

 

Section 7-2. Action by the Executive Committee.

 

a.        If the Executive Committee finds that a member school has materially failed to comply with the requirements of membership, it shall inform the dean and the chief executive officer of the institution of the deficiency and shall in accordance with Sec. 7-1 censure the member school or its parent institution or both, place the school on probation, or recommend to the House of Representatives that it take action.

 

b.        A member school may appeal to the House of Representatives for review of the action taken by the Executive Committee by filing a written notice of appeal with the Executive Director within twenty days after notice is given of the initial decision by the Executive Committee to censure the member school or its parent institution or both or to place the school on probation. The same procedure applies to an appeal from a decision by the Executive Committee not to remove the school from probation within the time limits specified in Section 7-3(b). If the President finds that the interests of the member school, the Association and legal education would be served thereby, the President may stay the effect of the Executive Committee’s action until the House of Representatives acts on the appeal. The procedures for the appeal shall be those specified by regulations adopted by the Executive Committee. The President shall take the steps necessary to assure the orderly and fair consideration of the appeal by the House. Representatives of the school are entitled to the privileges of the floor during the consideration of its appeal by the House.

 

Section 7-3. Action by the House of Representatives.

 

a.        If the Executive Committee recommends that the House of Representatives take action with respect to a member school, the Executive Committee shall give the member school written notice of its recommendation at least one month before the House of Representatives meets to consider the recommendation. The House may not act with respect to a school’s membership without first obtaining a recommendation from the Executive Committee. The House shall act on a recommendation in accordance with Sec. 7-1.

 

b.        If the Executive Committee finds that a member school that is on probation is not taking steps sufficient to bring it in compliance with the requirements of membership in a reasonable time, it shall recommend that the House suspend or exclude the school, whichever is appropriate. If a member school that is on probation does not have its probation removed within two years of the school’s being placed on probation, and the Executive Committee has not exercised its power to extend probation for one additional year, the Executive Committee shall recommend that the House suspend or exclude the school, whichever is appropriate. If this recommendation is appealed, and the House finds that the school is currently in compliance with the requirements of membership, then, in accordance with Sec. 7-4, it shall remove the school from probation. If a school whose membership is suspended is not restored to full membership at or before the second Annual Meeting after having been suspended, it is excluded from membership in the Association at the end of that Annual Meeting without further action by the House. For good cause shown, the Executive Committee may extend these times by one year.

 

Section 7-4. Reinstatement. If the Executive Committee finds that a member school is in compliance with the requirements of membership, it shall remove the school on probation from probation and, if expressly authorized by the House of Representatives to do so, restore the suspended school to full membership. If it finds that a member school is in compliance with the requirements of membership, the House of Representatives shall remove the school from probation or restore the suspended school to full membership, as the case may be. A school that has been excluded from membership may regain its membership by making an application for membership as any other nonmember school and by meeting the requirements therefor.